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McMillan v. Washington Metropolitan Area Transit Authority

United States District Court, District of Columbia

October 12, 2012

Stephen E. McMILLAN, Plaintiff,
v.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant.

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[Copyrighted Material Omitted]

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Stephen E. McMillan, Alexandria, VA, pro se.

Gerard Joseph Stief, WMATA, Mark F. Sullivan, Washington Metropolitan Area Transit Authority, Washington, DC, for Defendant.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Plaintiff Stephen McMillan, proceeding pro se, brings this action against the Washington Metropolitan Area Transit Authority (" WMATA" ), alleging retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 et seq. (" Title VII" ), as well as violations of his First and Fourteenth Amendment rights. Pending before the Court is Defendant's Motion for Summary Judgment. Upon consideration of the motion, the responses and replies thereto, the applicable law, the entire record, and for the reasons set forth below, the Court will GRANT Defendant's Motion for Summary Judgment.

I. BACKGROUND

Plaintiff McMillan was hired by WMATA as an elevator and escalator technician on November 30, 1999. See Compl. at 1; [1] Def.'s Statement of Material Facts Not in Dispute (" Def.'s SMF" ) ¶ 1.[2] McMillan alleges that around the time he began his employment with WMATA, he inquired into the status and distribution of a bonus owed to another WMATA employee. Compl. at 1. McMillan alleges this inquiry " caused negative consequences [for] the remainder of [his] career." Compl. at 1. McMillan also alleges that around December 2000, he was denied any advancement opportunity, and he observed a pattern whereby each administrative job opening was filled by a female employee without regard to time-in-service or time-in-grade. Compl. at 2. In April 2002, McMillan filed a complaint with WMATA's Office of Civil Rights alleging mismanagement and discrimination. Compl. at 2. McMillan alleges that WMATA officials were abusive and ignored his complaint. Compl. at 2. The Office of Civil Rights concluded that McMillan's claims did not involve allegations of discrimination and thus did not fall within the purview of Title VII. Compl. at 2; see also Def.'s SMF ¶ 3; McMillan Dep. Ex. 9. The Office of Civil Rights instead recommended that McMillan contact his union representative or department superintendent. See Def.'s SMF ¶ 3; McMillan Dep. Ex. 9.

In May 2007, McMillan attempted to file a complaint with WMATA's Inspector

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General's Office alleging fraud, waste and abuse. Compl. at 2. McMillan testified during his deposition that this complaint was based on the fact that the person who recruited Plaintiff in 1999 to work at WMATA never received a bonus for recruiting him. See Def.'s SMF ¶ 3; McMillan Dep. 80:15-82:1. McMillan alleges that his complaint was not allowed. Compl. at 2. Finally, McMillan states that " the intensity of the mobbing conducted by [WMATA] Officials over the next two years, resulted in the Plaintiff being discharged ... from employment at WMATA[ ] without a hearing (which includes the Agencies' Local # 689 Union Grievance process) and with continued incompetent or erroneous affidavit testimony or documentation by the Agencies [sic] Office of Civil Rights." Compl. at 2-3.

WMATA terminated McMillan on December 3, 2008 following an investigation into preventive maintenance work he was supposed to have performed at the Pentagon Metrorail Station. See Def.'s SMF ¶ 4; see also Def.'s Mot. Summ. J., Lacosse Aff. Ex. 1 (December 3, 2008 Termination Letter).[3] McMillan's termination letter also referenced several work-related incidents in the twenty-two months prior to his termination, including insubordinate behavior, addressing a female dispatcher with vulgar language, and early departure from his work location without permission. See Def.'s SMF ¶ 5; Lacosse Aff. Ex. 1. One of the incidents referenced in the termination letter occurred on May 8 or 9, 2008 when McMillan left work while on duty to get a cup of coffee from 7-11. See Def.'s SMF ¶ 6; McMillan Dep. 60:12-73:4. McMillan acknowledged that two men followed him, and that he drove 80 miles per hour in rush-hour traffic on I-395 until he " shook them." See Def.'s SMF ¶ 6; McMillan Dep. 63:11-65:18; McMillan Dep. Ex 3.

McMillan filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (" EEOC" ) on July 28, 2008. See Def.'s SMF ¶ 2; McMillan Dep. Ex. 4. In the charge, McMillan alleged retaliation occurring from April ...


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